Download draft amendment in legal metrology act

DRAFT AMENDMENT IN LEGAL METROLOGY ACT
Sec.
No.
Provision of the current act
Draft Proposal for Amendment
Remarks/
Justifications
1
Definitions
(v) "verification", with its grammatical variations and cognate
expressions, includes, in relation to any weight or measure, the
process of comparing, checking, testing or adjusting such weight
or measure with a view to ensuring that such weight or measure
conforms to the standards established by or under this Act and
also includes re-verification and calibration;
(a)(b) Calibration mean operation that, under
specified conditions, in a first step, establishes
a relation between the quantity values with
measurement uncertainties provided by
measurement standards and corresponding
indications with associated measurement
uncertainties and, in a second step, uses this
information to establish a relation for obtaining
a measurement result from an indication.
New provision to
define
calibration which
is part of
verification in 2
(V) it has been
adopted from
OIML.
2
“New provision for net quantity”
(j)(a) Net quantity of the identified product in
the prepackage exclusive of packing material
(wrappers and any other material packed with
such product).
To match
definition in
OIML
3
(l) "pre-packaged commodity" means a commodity which without
the purchaser being present is placed in a package of whatever
nature, whether sealed or not, so that the product contained
therein has a pre-determined quantity;
(l) Prepackage commodity mean a product for
presentation as such to a consumer, consisting
of a product and its packing material, made up
before being offered for sale and in which the
quantity of the product has a predetermined
value, whether the packing material encloses
the product completely or only partially, but in
any case in such a way that the actual quantity
of product cannot be altered without the
packing material either being opened or
undergoing a perceptible modification.
To match
definition in
OIML
4
8. Standard weight, measure or numeral.
(1) Any weight or measure which conforms to the standard unit
of such weight or measure and also conforms to such of the
provisions of section 7 as are applicable to it shall be the
standard weight or measure.
(2) Any numeral which conforms to the provisions of section 6
shall be the standard numeral.
(3) No weight, measure or numeral, other than the standard
weight, measure or numeral, shall be used as a standard weight,
measure or numeral.
(4) No weight or measure, shall be manufactured or imported Sub section (4) of section 8, the words and
numerals ‘Section 8’ shall be replaced by the
unless it conforms to the standards of weight or measure
words and numerals ‘Sub section (1)’.
specified under section 8:
Provided that provisions of this section shall not apply for
manufacture done exclusively for export or for the purpose of
any scientific investigation or research.
11
Prohibition of quotation, etc., otherwise than in terms of
standard units of weight, measure or numeration.
(1) No person shall, in relation to any goods, things or service,(a) quote, or make announcement of, whether by word of
mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or
other document, or
(c) prepare or publish any advertisement, poster or other
document, or
(d) indicate the net quantity of a pre-packaged
commodity, or
(3) Any quotation or declaration of units along
with metric system, as may be prescribed.
‘Standard weight
or measure’ is
specified in sub
section (1) of
Section 8’ so the
reference should
be to the
specific sub
section.
On the request
of FICCI and CII
as lots of goods
are being
imported from
other countries
which are
having
declaration
other than
metric system.
(e) express in relation to any transaction or protection,
any quantity or dimension, otherwise than in accordance with the
standard unit of weight, measure or numeration.
(2) The provisions of sub-section (1) shall not be applicable for
export of any goods, things or service.
18
Declarations on pre-packaged commodities.
(1) No person shall manufacture, pack, sell, import, (3) Central Government may provide for As per the
distribute, deliver, offer, expose or possess for sale any pre- different declarations for different type of pre- committee
packaged commodity unless such package is in such packaged commodities.
recommendation
standard quantities or number and bears thereon such
declarations and particulars in such manner as may be
prescribed.
24
(2) Any advertisement mentioning the retail sale price of a
pre-packaged commodity shall contain a declaration as to
the net quantity or number of the commodity contained in
the package in such form and manner as may be
prescribed.
Verification and stamping of weight or measure.
(1) Every person having any weight or measure in his
possession, custody or control in circumstances indicating
that such weight or measure is being, or is intended or is
likely to be, used by him in any transaction or for
protection, shall, before putting such weight or measure
into such use, have such weight or measure verified at such
place and during such hours as the Controller may, by
general or special order, specify in this behalf, on payment
of such fees as may be prescribed
1. After the words “or for the protection” the
words “or for sale, distribution, delivery or for
otherwise transfer” may be added in section
24(1).
1. to bring more
clarity with
section 33.
2. to bring
clarity regarding
function of
GATC.
(2) The Central Government may prescribe the kinds of 2. after section 24 (1) the following may be
weights and measures for which the verification is to be added :
or
done through the Government approved Test Centre.
Every person having any weight or measure in
his possession, custody or control in
circumstances indicating that such weight or
measure is being, or is intended or is likely to
be, used by him in any transaction or for
protection, “or for sale, distribution, delivery or
for otherwise transfer” shall, before putting
such weight or measure into such use, have
such weight or measure verified at any
Government approved test centers recognized
by central government or State Government.
(3) The Government approved Test Centre shall be notified
by the Central Government or the State Government, as the
case may be, in such manner, on such terms and conditions
and on payment of such fee as may be prescribed.
29
(4) The Government approved Test Centre shall appoint or
engage persons having such qualifications and experience
and collect such fee on such terms and conditions for
the verification of weights and measures specified under
sub-(6)section (2) as may be prescribed.
Penalty for quoting or publishing, etc., of nonstandard units
Whoever violates section 11 shall be punished with fine
which may extend to ten thousand rupees and, for the
second or subsequent offence, with imprisonment for a
term which may extend to one year, or with fine, or with
both.
3. After sub section 4 of section 24 following
may be added “(5) any manufacturer of
weights and measures with the approval of
Central Government may do the self
verification of weights and measures at the
time of sale from his premises, as may be
prescribed.
3. Self
certifications by
the
manufacturers
of the weights
and measures.
4. New provision
to make reverification of
domestic w & m
out of the
preview of the
Act.
4. following sub sections may be added :
“(6) The weights and measures used for
domestic purpose are not mandatory required
for re-verification.”
The words” with imprisonment for a term
which may extend to one year, or with fine, or
with both” may be replaced by the words “with
fine upto one lakh rupees.”
To make it as a
civil offence.
33
Penalty for use of unverified weight or measure.
Whoever, sells, distributes, delivers or otherwise transfers
or uses any unverified weight or measure shall be punished
with fine which shall not be less than two thousand rupees
but which may extend to ten thousand rupees and, for the
second or subsequent offence, with imprisonment for a
term which may extend to one year and also with fine.
36
Penalty for selling, etc., of non-standard packages.
(1) Whoever manufactures, packs, imports, sells,
distributes, delivers or otherwise transfers, offers, exposes
or possesses for sale, or causes to be sold, distributed,
delivered or otherwise transferred, offered, exposed for sale
any pre-packaged commodity which does not conform to
the declarations on the package as provided in this Act,
shall be punished with fine which may extend to twenty-five
thousand rupees, for the second offence, with fine which
may extend to fifty thousand rupees and for the subsequent
offence, with fine which shall not be less than fifty thousand
rupees but which may extend to one lakh rupees or with
imprisonment for a term which may extend to one year or
with both.
(2) Whoever manufactures or packs or imports or causes to
be manufactured or packed or imported, any pre-packaged
commodity, with error in pet quantity as may be prescribed
shall be punished with fine which shall not be less than ten
thousand rupees but which may extend to fifty thousand
rupees and for the second and subsequent offence, with
fine which may extend to one lakh rupees or with
imprisonment for a term which may extend to one year or
After the word “shall not be less than” the
following may be substituted rupees two
hundred for beam scale, counter machine,
commercial weight upto
20kg and other
mechanical
weighing and measuring
instruments upto 100kg and for other weights
and measures”.
(1) The words and figures”with fine which shall
not be less than fifty thousand rupees but
which may extend to one lakh rupees or with
imprisonment for a term which may extend to
one year or with both” may be replaced by
words and figures”with fine which shall not be
less than fifty thousand rupees but which may
extend upto five lakh rupees”.
“36A. Whosoever fails to comply with the
provision of Sub-Section (2) of Section 18 shall
be punished with fine which may extend to ten
thousand rupees and for subsequent offence
with fine up to fifty thousand rupees.”
“36B. Whoever, sells, distributes, delivers or
otherwise
transfers
any
pre-packaged
commodity more than the retail sale price shall
be punished with fine which shall not be less
than five thousand rupees but which may
extend to twenty thousand rupees and, for the
second or subsequent with fine not less than
twenty thousand which may extend to one
lakh and for subsequent offence, with
imprisonment for a term which may extend to
one year and also with fine.
To make it a
civic offence
with both.
37
Penalty for contravention by Government approved
Test Centre.
(1) Where any Government approved Test Centre
contravenes any of the provisions of this Act or the rules
made there under, or the conditions of the licence, it shall
be punished with fine which may extend to one lakh
rupees.
48
1. After the words in sub section 2 of 37
“Government Approved Test Centre” the
following words may be added “or any
manufacturer”.
(2) Where any owner or employee of a Government
Approved Test Centre performing duties in accordance with
the provisions of this Act or the rules made there under,
willfully verifies or stamps any weight or measure in
contravention of the provisions of this Act or the rules made
there under, he shall, for every such contravention, be
punishable with imprisonment for a term which may extend
to one year or with fine which may extend to ten thousand
rupees or with both.
Compounding of offences.
(1) Any offence punishable under section 25, sections 27 to Substitute the words “and sub section (3) of
39, sections 45 to 47, or any rule made under sub-section section 53” after the word and numeral
(3) of section 52 may, either before or after the institution “section 52” in subsection (1) of section 48.
of the prosecution, be compounded, on payment for credit
to the Government of such sum as may be prescribed.
(2) The Director or legal metrology officer as may be
specially authorized by him in this behalf, may compound
offences punishable under section 25, sections 27 to 39, or
any rule made under sub-section (3) of section 52.
To
cover
manufactures
under
penalty
clause.
To make violation
of rules enacted
by State
Government also
compoundable at
par with rules
made by Central
Government.
(3) The Controller or legal metrology officer specially
authorized by him, may compound offences punishable
under section 25, sections 27 to 31, sections 33 to 37,
sections 45 to 47, and any rule made under sub-section (3)
of section 52:
Provided that such sum shall not, in any case,
exceed the maximum amount of the fine, which may be
imposed under this Act for the offence so compounded.
(4) Nothing in sub-section (I) shall apply to person who
commits the same or similar offence, within a period of
three years from the date on which the first offence,
committed by him, was compounded.
Explanation.-For the purposes of this sub-section, any
second or subsequent offence committed after the expiry of
a period of three years from the date on which the offence
was previously compounded, shall be deemed to be a first
offence.
(5) Where an offence has been compounded under subsection (I), no proceeding or further proceeding, as the
case may be, shall be taken against the offender in respect
of the offence so compounded.
49
(6) No offence under this Act shall be compounded except
as provided by this section.
Offences by companies and power of court to
publish name, place of business, etc., for companies
convicted.
(1) Where an offence under this Act has been committed
by a company,-(a) (i) the person, if any, who has been nominated under
sub-section (2) to be in charge of, and responsible to, the
company for the conduct of the business of the company
(hereinafter in this section referred to as a person
responsible); or
(ii) where no person has been nominated, every person
who at the time the offence was committed was in charge
of, and was responsible to, the company for the conduct of
the business of the company; and
(b) the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided
in this Act if he proves that the offence was committed
without his knowledge and that he exercised all due
diligence to prevent the commission of such offence.
(2) Any company may, by order in writing, authorize any of
its directors to exercise all such powers and take all such
steps as may be necessary or expedient to prevent the
commission by the company of any offence under this Act
and may give notice to the Director or the concerned
Controller or any legal metrology officer authorized in this
behalf by such Controller (hereinafter in this section
In sub section 2 after the word “authorized
any of its directors”, the following words may
be added “or any person of the company
responsible for the conduct of the business,
not below the rank of general manager.”
To avoid direct
action
against
Directors
who
are not involved.
referred to as the authorized officer) in such form and in
such manner as may be prescribed, that it has nominated
such director as the person responsible, alongwith the
written consent of such director for being so nominated.
Explanation.-Where a company has different establishments
or branches or different, units in any establishment or
branch, different persons may be nominated under this
subsection in relation to different establishments or
branches or units and the person nominated in relation to
any establishment, branch or unit shall be deemed to be
the person responsible in respect of such establishment,
branch or unit.
(3) The person nominated under sub-section (2) shall, until(i) further notice cancelling such nomination is received
from the company by the Director or the concerned
Controller or the authorized officer; or
(ii) he ceases to be a director of the company; or
(iii) he makes a request in writing to the Director or the
concerned Controller or the legal metrology officer under
intimation to the company, to cancel the nomination, which
request shall be complied with by the Director or the
concerned Controller or the legal metrology officer,
whichever is the earliest; continue to be the person
responsible:
Provided that where such person ceases to be a
director of the company, he shall intimate the fact of such
cessation to the Director or the concerned Controller or the
authorized officer:
Provided further that where such person makes a
request under clause (iii) the Director or the concerned
Controller or the authorized officer shall not cancel such
nomination with effect from a date earlier than the date on
which the request is made.
(4) Notwithstanding anything contained in the foregoing
sub-sections, where an offence under this Act has been
committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or
is attributable to the neglect on the part of, any director,
manager, secretary or other officer, not being a person
nominated under sub-section (2), such director, manager,
secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against
and punished accordingly.
(5) Where any company is convicted under this Act for
contravention of any of the provisions thereof, it shall be
competent for the court convicting the company to cause
the name and place of business of the company, nature of
the contravention, the fact that the company has been so
convicted and such other particulars as the court may
consider to be appropriate in the circumstances of the case,
to be published at the expense of the company in such
newspaper or in such other manner as the court may direct.
(6) No publication under sub-section (5) shall be made until
the period for preferring an appeal against the orders of the
court has expired without any appeal having been
preferred, or such an appeal, having been preferred, has
been disposed of.
(7) The expenses of any publication under sub-section (5)
shall be recoverable from the company as if it were a fine
imposed by the court.
'Explanation.-For the purposes of this section,(a) "company" means anybody corporate and includes a
firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the
firm but excludes nominated directors, honorary directors,
Government nominated directors.
52
Power of the Central Government to make rules.
(1) The Central Government may, by notification, make
rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any
of the following matters, namely:(a) the specification of the base units of measures
and base unit of mass under sub-section (2) of section 5;
(b) the manner of preparation of objects and
equipments under sub-section (3) of section 7;
(c)
physical
characteristics,
configuration,
constructional details, materials, equipment, performance,
tolerances, period of re-verification, methods or procedures
of tests under sub-section (4) of section 7;
(d) reference standards, secondary standards and
working standards of weights and measures under subsection (1) of section 9;
(e) reference standards, secondary standards and
working standards shall be verified and stamped and the
fee under sub-section (2) of section 9;
(f) the weight or measure or number in which any
transaction, dealing, or contract in respect of any goods,
class of goods or undertakings shall be made under section
10;
(g) the qualifications of the Director and legal
metrology officers under subsection (2) of section 13;
(h) the qualification of the Controller and legal
metrology officers under subsection (2) of section 14;
(i) the manner of disposal of goods under subsection (3) of section 15;
(j) the standard quantities or number and the
manner in which the packages shall bear the declarations
and the particulars under sub-section (1) of section 18;
(k) the manner and registration and the fee under
section 19;
(l) the management and control of the Institute, the
teaching staff and other employees, the courses and
curricula for training thereat, the qualifications, which a
person shall possess in order to be eligible for admission
thereto under sub-section (2) of section 21 ;
(m) the manner, fee and authority for approval of
models under section 22;
(n) the kinds of weights or measures tinder subsection (2) of section 24;
(o) the manner in which, terms and conditions on
which and fee on payment which the Central, Government
shall notify the Government approved Test Centre under
sub'-section (3) of section 24;
(p) the qualifications and experience of persons
appointed or engaged and the fee and terms and conditions
on which Government approved Test Centre shall verify the
weight or measure under sub-section (4) of section 24;
(q) the error in net quantity under sub-section (2) of
section 36;
(r) fee for compounding of offence under sub- In section 52(2) (r) the word ‘fee’ shall be
replaced by the word ‘sum’.
section (1) of section 48;
(s) form and manner in which notice to the Director
or the Controller or any other officer authorized by him shall
be given under sub-section (2) of section 49. "
(3) In making any rule under, this section, the Central
Government may provide that a breach thereof shall be
punishable with fine which may extend to five thousand
rupees.
(4) Every rule made by the Central Government under this
Act shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one
session or in two or more successive sessions, and if,
before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses
Change
wording.
of
agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
53
Power of State Government to make rules
(1) The State Government may, by notification, and after
consultation with the Central Government, make rules to
carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of
the foregoing power, such rules may provide for all or any
of the following matters, namely:- .
(a) the time within which the weight or n1easure
may be got verified under proviso to sub-section (1) of
section 16;
(b) registers and records to be maintained by
persons referred to under subsection (1) of section 17;
(c) the form, manner, conditions, period, area of
jurisdiction and fees for issuance of licence under subsection (2) of section 23;
(d) fee for verification and stamping of any weight or
measure under sub-section (I) of section 24;
(e) manner of notifying Government approved Test
Centre, terms and conditions and fee to be paid under subsection (3) of section 24;
(f) fee for compounding of offences under subIn section 53(2) (f) the word ‘fee’ shall be Change
section (1) of section 48.
wording.
replaced by the word ‘sum’.
(3) In making any rule under this section, the State
Government may provide that a breach thereof shall be
punishable with fine which may extend to five thousand
rupees.
(4) The power to make rules under this section shall be
subject to the condition of the rules being made after
previous publication in Official Gazette.
(5) Every rule made under this section shall, as soon as
may be after it is made, be laid before each House of State
Legislature, where there are two Houses and where there is
on House of State Legislature, before that House.
56
Existing Director, Controller and legal metrology
New Provision
of
officer not to be affected by the new qualification to
be prescribed.
(1) Every Director, Controller and legal metrology officer
appointed immediately before the commencement of the
rules made under this Act, shall be deemed to have been
appointed under sub-section (1) of sections 13 and 14,
notwithstanding any rule prescribing different qualifications.
(2) The rules made by a State Government under the
Standards of Weights and Measures (Enforcement) Act,
1985 which are in force immediately before the
commencement of this Act shall remain in force until the
State Government, makes rules in that behalf.
56(A)
(1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government
may by order, make such provisions, not
inconsistent with provisions of this Act as may
appear to it to be necessary or expedient for
removing the difficulty.
Power to remove
difficulties.